Legal Opinion
Goldberger v. Magid
Appellate Division of the Supreme Court of the State of New York
Decided November 24, 2015No. 16221 652404/14Published
1Opinion of the Court
Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered February 3, 2015, which denied plaintiff’s motion for summary judgment in lieu of complaint, unanimously affirmed, with costs.
Plaintiff made a prima facie case by submitting the promissory note and the guaranty with her moving papers and explaining that the maker of the note (defendant Ilya Magid) had failed to make the payments required thereunder (see e.g. Acadia Woods Partners, LLC v Signal Lake Fund LP, 102 AD3d 522, 522-523 [1st Dept 2013]; Zyskind v FaceCake Mktg. Tech., Inc., 101 AD3d 550, 551 [1st Dept 2012]).…
2Cases cited4 opinions
- McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
- Weissman v. Sinorm Deli, Inc.New York Court of Appeals · 1996
- Polygram Holding, Inc. v. CafaroAppellate Division of the Supreme Court of the State of New York · 2007
- Acadia Woods Partners, LLC v. Signal Lake Fund LPAppellate Division of the Supreme Court of the State of New York · 2013